DOUGHERTY V. STEPP
Sup. Ct. of N.C., 18 N.C. 371 (1835)
NATURE OF THE CASE: This was an action to recover damages for a trespass to land.
FACTS: Stepp (D) entered Dougherty's (P) unenclosed property without the consent of P. D
entered with a surveyor and chain carriers and surveyed the land and claimed a part of it
but there was no marking or cutting of bushes. The issue at trial was actual damages to the
land and the trial court held that there cannot be a trespass without some damage to the
land. The jury found for D and P appealed because of the jury instructions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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